SECTION A:  ENVIRONMENTAL (NATIONAL)

Mineral and Petroleum Resources Development Act 28 of 2002

1. Restriction in terms of section 49(1) of the Act on granting of new applications for reconnaissance permits, technical co-operation permits, exploration rights and production rights. Published in GG 37294 Notice Number 71 dated 3 February 2014.

National Heritage Resources Act 25 of 1999

2. Declaration of the “Lake Fundudzi Cultural Landscape” situated in Venda, Limpopo Province, as a National Heritage Site. Published in GG 37287 Notice Number 76 dated 7 February 2014.

National Environmental Management: Biodiversity Act 10 of 2004

3. Norms and Standards for Biodiversity Management Plans for Ecosystems. Published in GG 37302 Notice Number 83 dated 7 February 2014.

Water Services Act 108 of 1997

4. Extension of service area of Rand Water. Published in GG 37342 Notice Number 115 dated 14 February 2014.

National Environmental Management Act 107 of 1998

5. Amendments to Schedules 1 and 2. Published in GG 37401 Notice Number 152 dated 28 February 2014.

6. Fees for consideration and processing of applications for environmental authorisations and amendments thereto. Published in GG 37383 Notice Number 141 dated 28 February 2014.

National Environmental Management: Waste Act 59 of 2003

7. Fee structure for consideration and processing of applications for waste management licenses, transfer and renewal thereof. Published in GG 37383 Notice Number 142 dated 28 February 2014.

Plant Improvement Act 53 of 1976

8. Amendment to the regulations relating to establishments, varieties, plants and propagating material. Published in GG 37308 Notice Number 88 dated 14 February 2014.

Plant Breeders Rights Act 15 of 1976

9. Receipts of applications for plant breeders rights. Published in GG 37307 Notice Number 97 dated 14 February 2014.

10. Amendment to the regulations relating to plant breeders rights. Published in GG 37308 Notice Number 90 dated 14 February 2014.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Occupational Health and Safety Act 85 of 1993

11. Construction Regulations 2014. Published in GG 37305 Notice Number 84 dated 7 February 2014.

12. Notice of approval of a Statutory Body in terms of the Construction Regulations 2014. Published in GG 37305 Notice Number 85 dated 7 February 2014.

Health Professions Act 56 of 1974

13. Correction notice relating to the regulations relating to the registration of medical technicians in the category tuberculosis. Published in GG 37317 Notice Number 103 dated 11 February 2014.

14. Amendment to the regulations relating to the registration by environmental health practitioners of additional qualifications. Published in GG 37316 Notice Number 102 dated 11 February 2014.

Medicines and Related Substances Act 101 of 1965

15. Amendment to the Schedules. Published in GG 37318 Notice Number 104 dated 11 February 2014.

National Health Act 61 of 2003

16. Publication of the Health Infrastructure Norms and Standards Guidelines. Published in GG 37348 Notice Number 116 dated 17 February 2014.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

17. Increase of maximum amount of earnings on which the assessment of an employer shall be calculated. Published in GG 37379 Notice Number 136 dated 26 February 2014.

18. Increase in monthly pensions. Published in GG 37379 Notice Number 137 dated 26 February 2014.

19. Amendment of schedule 4 of the Act. Published in GG 37379 Notice Number 138 dated 26 February 2014.

Genetically Modified Organisms Act 15 of 1997

20. Tariffs for services. Published in GG 37307 Notice Number 95 dated 14 February 2014.

21. Amendment of Table 2 (fees payable) of the Regulations. Published in GG 37307 Notice Number 96 dated 14 February 2014.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

22. Enforcement by local authority. Published in GG 37297 Notice Number 78 dated 4 February 2014.

23. Amendment to the regulations relating to milk and dairy products. Published in GG 37371 Notice Number 127 dated 25 February 2014.

Agricultural Product Standards Act 119 of 1990

24. Amendment to the standards and requirements regarding control of the export of citrus fruits. Published in GG 37287 Notice Number 52 dated 7 February 2014.

25. Amendment to the standards and requirements regarding the control of the export of fruit excluding citrus and certain deciduous fruits. Published in GG 37287 Notice Number 53 dated 7 February 2014.

26. Regulations relating to the grading, packing and parking of dry beans intended for sale in South Africa. Published in GG 37330 Notice Number 112 dated 14 February 2014.

27. Amendment to the regulations regarding local inspections and appeals. Published in GG 37365 Notice Number 130 dated 28 February 2014.

28. Amendment to the regulations regarding export inspections and appeals. Published in GG 37365 Notice Number 131 dated 28 February 2014.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL
Draft National Legislation and Regulations

Mineral and Petroleum Resources Development Act 28 of 2002

29. Invitation for representations from relevant stakeholders on a proposed restriction under section 49(1) Restriction in terms of section 49(1) of the Act on granting of new applications for reconnaissance permits, technical co-operation permits, exploration rights and production rights. Written representations must be submitted within 30 days from the publication date of this notice. Published in GG 37294 Notice Number 72 dated 3 February 2014.

Draft National Water Act Amendment Bill 2013

30. Issued by the Portfolio Committee on Environmental Affairs on 5 February 2014.

National Environmental Management: Waste Act 59 of 2008

31. Draft national norms and standards for organic waste composting. Members of the public are invited to submit written comments within 30 days of publication of this notice. Published in GG 37300 Notice Number 68 dated 7 February 2014.

National Environmental Management: Biodiversity Act 10 of 2004

32. Draft Alien and Invasive Species Regulations, 2014. Interested parties are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 37320 Notice Number 79 dated 12 February 2014.

33. Draft Alien and Invasive Species Lists, 2014. Interested parties are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 37320 Notice Number 78 dated 12 February 2014.

34. Intention to declare the Kwelera national Botanical Garden. Interested parties are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 37307 Notice Number 74 dated 14 February 2014.

35. Draft amendment to the regulations on bio-prospecting, access and benefit-sharing. Interested parties are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 37331 Notice Number 73 dated 17 February 2014.

National Environmental Management Act 107 of 1998

36. Draft National Exemption Regulations. Interested parties are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 37400 Notice Number 142 dated 28 February 2014.

National Water Act 36 of 1998

37. Nominations for Chairperson of the Water Tribunal. Published in GG 37402 Notice Number 143 dated 28 February 2014.

Merchant Shipping Act 57 of 1951

38. Draft amendment to the Merchant Shipping (Eyesight and Medical Examination) Regulations, 2014. Interested parties are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 37315 Notice Number 72 dated 11 February 2014.

39. Draft amendment to the Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2014. Interested parties are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 37314 Notice Number 72 dated 11 February 2014.

Health Professions Act 56 of 1974

40. Draft regulations relating to the qualifications of the registration of emergency care consultants. Interested persons are requested to submit written comments within 3 months from the date of publication of this notice. Published in GG 37319 Notice Number 101 dated 11 February 2014.

41. Draft regulations relating to the qualifications of the registration of emergency care assistants. Interested persons are requested to submit written comments within 3 months from the date of publication of this notice. Published in GG 37326 Notice Number 109 dated 13 February 2014.

42. Draft regulations relating to the qualifications of the registration of emergency care specialists. Interested persons are requested to submit written comments within 3 months from the date of publication of this notice. Published in GG 37324 Notice Number 107 dated 13 February 2014.

South African Weather Service Act 8 of 2001

43. Proposed regulations regarding fees for the provision of aviation meteorological services. Interested parties are invited to submit written comments within 30 days after the publication of the notice in the gazette Published in GG 37343 Notice Number 99 dated 14 February 2014.

Medicine and Related Substances Amendment Bill 6 of 2014

44. On 26 February 2014 the Bill was introduced into Parliament. Publication of the explanatory summary of the Bill was published in GG 37361 Notice Number 117 dated 20 February 2014.

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947

45. Proposed amendment to the regulations relating to the registration of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilizing plants and pest control operators: appeals and imports. Comments must be submitted in writing within 30 days of publication of this notice. Published in GG 37287 Notice Number 54 dated 7 February 2014.

Marketing of Agricultural Products Act 47 of 1996

46. Invitation to directly affected groups in the grain and oilseeds industries to forward comments regarding the request for the maize and wheat forums. Comments must be submitted before 7 March 2014. Published in GG 37337 Notice Number 103 dated 21 February 2014.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL
Provincial Legislation and Municipal By-Laws

Western Cape Province

47. City of Cape Town: Wastewater and Industrial Effluent By-law. Published in PG 7227 dated 7 February 2014.

48. Stellenbosch Municipality: Community Fire Safety By-law. Published in PG 7216 dated 13 December 2013.

49. Stellenbosch Municipality: Electricity Supply By-law. Published in PG 7216 dated 13 December 2013.

50. Disaster Management Act 57 of 2002: Declaration of a provincial state of flood disaster. Published in PG 7230 Notice Number 43 dated 14 February 2014.

51. City of Cape Town: Tygerberg District – Amendment of the Cape Spatial Development Framework. Published in PG 7231 Notice Number 44 dated 21 February 2014.

52. Western Cape Nature Conservation Board: Declaration of the Rooiberg Nature Reserve. Published in PG 7231 Notice Number 48 dated 21 February 2014.

Eastern Cape Province

53. Disaster Management Act 57 of 2002: Declaration of a local state of disaster. Published in PG 3123 Notice Number 6 dated 14 February 2014.

Gauteng Province

54. City of Tshwane Metropolitan Municipality: Work in the public road reserve by-law. Published in PG 38 Notice Number 217 dated 19 February 2014.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL
Draft Provincial Legislation and Municipal By-Laws

Western Cape Province

55. Western Cape Land Use Planning Bill (Bill 1 of 2014). Published in PG 7225 Notice Number 31 dated 4 February 2014.

Limpopo Province

56. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare the Happy Rest Nature Reserve as a nature reserve. Published in PG 2319 Notice Number 1 dated 25 February 2014.

57. National Environmental Management: Protected Areas Act 57 of 2003: Intention to declare a number of land parcels as natures reserves and protected environments. Published in PG 2321 Notice Number 74 dated 28 February 2014.

Mpumalanga Province

Spatial Land Use Management Act 2013: Umjindi Municipality: invitation to comment on the Umjindi Draft Spatial Development Framework. Published in PG 2264 Notice Number 19 dated 21 February 2014. 

SECTION F: PARLIAMENTARY MONITORING

Introduction:
The Constitution describes four kinds of bills, namely:
Section 74 bills: constitutional amendments.
Section 75 bills: ordinary bills not affecting the provinces. Once a Section 75 bill has been passed by the National Assembly (NA), it is referred to the National Council of Provinces (NCOP). If the NCOP amends the bill or rejects it, it is referred to the NA, which may pass the bill again, with or without amendments, and submit for the President’s assent. In other words, the NA can pass a Section 75 bill even if the NCOP disagrees.
Section 76 bills: ordinary bills affecting the provinces. The NCOP and the NA both consider Section 76 bills.
Section 77 bills: money bills (must be introduced by the Minister of Finance in the NA).
Each type of bill has a different passage to becoming law and usually fits into only one category. If a bill does not fit clearly into one category, or if it fits into more than one category, it is usually redrafted or split into more than one bill, e.g., the NEM: Biodiversity Bill which was split into the NEM: Biodiversity Bill and NEM: Protected Areas Bill. Both of these have now been enacted.
(http://www.pmg.org.za/ and http://www.parliament.gov.za/live/index.php)

Sustainability Related Legislative Programme: Parliament of South Africa

BILLS BEFORE PARLIAMENT: (as of 5 March 2014)

• Before National Assembly Committees

➢ Medicines and Related Substances Amendment Bill (B6 of 2014)
➢ National Water Amendment Bill (B4 of 2014)
➢ Infrastructure Development Bill (B49 of 2013)
➢ National Environmental Management: Waste Amendment Bill (B32 of 2013)
➢ Marine Living Resources Amendment Bill (B30 of 2013)
➢ Water Research Amendment Bill (B29 of 2013)
➢ National Environmental Management: Protected Areas Amendment Bill (B28 of 2013)
➢ National Environmental Management: Air Quality Amendment Bill (B27 of 2013)
➢ National Environmental Management Laws Amendment Bill (B26 of 2013)
➢ Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)
➢ National Environmental Management: Integrated Coastal Management Amendment Bill (B8 – 2013)

This Legal Brief should not be regarded a comprehensive discussion of the topics addressed and, in particular, should not be taken as legal advice or relied upon. For further information please contact: lulu@warburtons.co.za